I'm a designer freelancer, with an important background, my own name is a trademark.
Currently I work as a freelance for a brand, for 3 years, the company is formed by one person an LLC. This guy uses my name and my background on the brand's website, describing myself as one of the founders (I did not put money, I only have a collaboration contract). Several times I pointed out that if he wanted to use my name I would like to make a written agreement, to use my trademark and to clarify my position as a "founder", would be right for both of us since it was he who proposed this thing and still use my name.
This person always answers vague, yes, we will, in October he said in December, in December he says in January. This thing has been going on for more than a year. What can I do? On a legal level, can I ask for money for every month that is using my name?
Generally, if someone is using your personal name for commercial purpose you may be able to sue for violation of right of publicity, and if he is using your name in a fraudulent way, for at least, fraud.
You should discuss with an intellectual property attorney in a private consultation.
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We really would need to understand all the facts in context, but it certainly sounds like you have a very good argument to enforce against using your name, image or likeness here. He should not be identifying you as a principal in an entity you have no ownership of either.
Before you respond further, I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed with the law firm of Natoli-Legal, LLC on the basis of this posting.
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